Cassbail Lifting Solutions Pty Ltd

[2014] FWCA 2888

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cassbail Lifting Solutions Pty Ltd
(AG2014/996)

CASSBAIL LIFTING SOLUTIONS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 7 MAY 2014

Application for approval of the Cassbail Lifting Solutions Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cassbail Lifting Solutions Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is three and a half years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Cassbail Lifting Solutions Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The applicant, Cassbail Lifting Solutions Pty Ltd, sought to enter into an enterprise agreement with the Australian Workers' Union, which would govern the terms and conditions of employment for workers involved in the Roy Hill Greenfields project. The dispute centred on the procedural and substantive fairness of the agreement, as well as the compliance with relevant legislative provisions.

The legal issues that the commission was required to determine included whether the agreement was made in accordance with the procedural requirements set out in the Fair Work Act 2009, whether the agreement was fair and reasonable, and whether it complied with the substantive provisions of the Act. The commission also needed to consider whether there were any issues relating to the coverage of the agreement and the rights of non-union employees.

In delivering its decision, the commission first examined the procedural fairness of the agreement. It found that the applicant had followed the necessary steps to ensure that the agreement was made in good faith and without coercion. The commission then assessed the substantive fairness of the agreement, taking into account factors such as the balance of the parties' bargaining power, the interests of the employees, and the broader economic context. The commission determined that the agreement was fair and reasonable, as it provided for a balanced distribution of benefits and obligations between the parties and took into account the interests of the employees. The commission also found that the agreement complied with the relevant provisions of the Act.

The Fair Work Commission approved the Cassbail Lifting Solutions Pty Ltd Roy Hill AWU Greenfields Agreement 2014, determining that it met the necessary procedural and substantive requirements. The agreement was deemed to be fair and reasonable and in compliance with the Fair Work Act 2009. The commission's decision was based on the evidence presented and the considerations outlined in its judgment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established